The Constitution of Canada

Bibliographic data

Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XIX. Division of legislative power

Collection:: Economics Books

248 DIVISION OF LEGISLATIVE POWER. Property and civil rights. Property and civil rights are assigned to the provinces: bankruptcy and insolvency to the Dominion. The right to legislate on property and civil rights is restricted to property in the province, and to rights existing in the province. Within such limits a local Legis- lature has unrestricted power. The Legislature of Ontario was therefore held to be within its power in passing a private Act dividing, at the request of the children, a bestator’s property in a way different to that prescribed by the will, Fisheries, Property includes property in fisheries and the transfer Toll or transmission of rights in fisheries’, as well as toll bridges Beis: belonging to a municipality in the province®. Debts be- In 1881 the important question arose whether a “debt” ne ® belonging to a person domiciled elsewhere could be said to Aerio come under the head of property or civil rights within the province in view of the acknowledged rule that the locality of a debt is determined by the domicile of the creditor. The Ontario Court of Queen’s Bench on the ground that the rule was not of universal application® refused to limit the clause in this way, and held, that where debts or other obligations arose out of, or were authorized to be contracted under, a local Act passed in relation to a matter within the powers of a local Legislature, such debts or obligations may be dealt with by subsequent Acts of the same Legis- lature, notwithstanding that by a fiction of law such debts may be domiciled out of the province. Legisla- The power of the provinces to legislate on property and Hon a py Civil rights is limited by several of the rights given to the ol Dominion, as for instance by the right to legislate on bank- the ruptcy and insolvency, since, to use the words of the Dominion. ! Re Goodhue, 19 Grant 366 ; 1 Cazt. 560. 4 Queen v. Robertson, 6 Can, 8, C. R. 52, 2 Cart. 65. 3 Municipality of Cleveland v. Municipality of Melbourne, Q. 4 Legal News, 277; 2 Cart. 241. . ! See Nickle v. Douglas, 35 U, C. Q. B, 126, 37 U. C. Q. B. 51,

Access restriction

Copyright

fullscreen: The Constitution of Canada

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation